IN THE SUPREME COURT OF THE STATE OF NEVADA

DELANO SPAULDING, No. 77045 Appellant, VS.

THE STATE OF NEVADA DEPARTMENT OF CORRECTIONS, Respondent. OCT 19 2018 EE.T A. BROWN

DEPU F? CLERK ORDER DISMISSING APPEAL

This is a pro se appeal from a purported district court order denying a postconviction petition for a writ of habeas corpus. Eleventh Judicial District Court, Pershing County; Jim C. Shirley, Judge. This court's review of this appeal reveals a jurisdictional defect. Specifically, no decision had been made on the petition when appellant filed his appeal on September 20, 2018. Rather, the district court directed the respondent to file an answer to the petition. Thus, this appeal is premature. See NRS 177.015(3). To the extent that appellant appeals from the orders transferring jurisdiction and to respond, no statute or court rule provides for an appeal from such orders. See Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). Accordingly, we ORDER this appeal DISMISSED.

SUPREME COURT OF NEVADA I- 412-07 (0) 1947A cc: Hon. Jim C. Shirley, District Judge Delano Spaulding Attorney General/Carson City Pershing County Clerk

SUPREME COURT OF NEVADA

OA 1947A 2